California SB276 – legislation to limit vaccine medical exemptions – UPDATED

sb276

On 20 June 2019, after a long day of testimony on California SB276 from both sides of the mandatory vaccine issue, the assembly health committee voted 9 in favor, 2 against, and 2 abstaining to move forward with the bill which can prevent fake medical exemptions.

This post will describe the amended bill and then shortly address today’s events. Continue reading “California SB276 – legislation to limit vaccine medical exemptions – UPDATED”

Anti-vaccine press conference about California’s SB276 – checking facts

anti-vaccine press conference

On September 5, 2019, Attorney Leigh Dundas, representing an organization called Advocates for Physician Rights, held an anti-vaccine press conference attended by very little press, and organized by anti-vaccine activists. 

Ms. Dundas called for a Department of Justice investigation into what she described as a “multi-year campaign to override laws aimed to safeguard the privacy of minor children,” and made accusations of a cover-up. Note that the Department of Justice receives many and constant calls for actions, so just calling them to investigate means little without actually pointing to serious wrongdoing that justifies it. Ms. Dundas did not point to such wrongdoing.

The anti-vaccine press conference addressed efforts in the early days after the enactment of SB277 to address an emerging issue – fake medical exemptions. But in spite of the efforts to present this as a new discovery or a nefarious plot, it isn’t.

In fact, SB277 opponents knew of the efforts in early 2016 and responded in an aggressive fashion, targeting Dr. Charity Dean, who took the lead in them, with many personal attacks and inclusion in one of their lawsuits. There is also no real evidence of anything nefarious. There is, however, abundant evidence that fake medical exemptions were an issue in 2016 and onwards, and SB276 is directed at a real problem. Continue reading “Anti-vaccine press conference about California’s SB276 – checking facts”

New York vaccine exemptions law – UPDATE – appeals court rejects stay

New York Vaccine exemptions law

On July 12, 2019, Judge Mackey of the Albany County Supreme Court (see Note 1) rejected the temporary restraining order request of plaintiffs challenging the updated New York vaccine exemptions law which removed the state’s religious exemption for school immunization requirements (see Note 2). While this is only the first step in what is almost certain to be a long process, and full arguments were not yet heard, the content of the decision does not bode well for plaintiffs – in line with abundant jurisprudence. Continue reading “New York vaccine exemptions law – UPDATE – appeals court rejects stay”

Shoulder injury related to vaccine administration (SIRVA) and NVICP

SIRVA

In this article, we are going to take a look at how shoulder injury related to vaccine administration (SIRVA) relates to the National Vaccine Injury Compensation Program (NVICP) claims. In 1986, the United States Congress passed the National Childhood Vaccine Injury Act, which among other things created the  NVICP, sometimes called the Vaccine Court. The act’s main goal was to protect vaccine manufacturers from vaccine injury claims and liability–but not for the reasons you might think. 

Congress was rightly concerned that the costs for these legal actions were going to drive most, if not all, manufacturers from the USA market. That would have been a horrific problem for the country, with no ability to protect children from deadly and dangerous diseases.

The NVICP provides a no-fault program to resolve vaccine injury claims – “quickly, easily, with certainty and generosity.” The program was (and continues to be) funded by a tax on all vaccines sold in the country. Moreover, using a system of expert administrative “judges” (called Special Masters), a petitioner seeking to establish causation-in-fact must show, by a preponderance of the evidence, that but for the vaccination, they would not have been injured, and that the vaccination was a substantial factor in bringing about their injury.

Continue reading “Shoulder injury related to vaccine administration (SIRVA) and NVICP”

New York vaccine law does not violate IDEA – Update – no injunction

New York vaccine law

On June 13, 2019, a revised New York vaccine law, which removed the religious exemption to its school immunization mandate, was signed by the governor. Anti-vaccine activists filed a lawsuit against the law, claiming it violates the First Amendment – a claim that flies in the face of extensive jurisprudence.

On July 26, 2019 a second lawsuit was filed against the law claiming it violates the IDEA act by keeping children with disabilities out of school, led by attorney Kim Mack Rosenberg who was involved in arguing against California’s law (though anti-vaccine activist’s Robert F. Kennedy’s jr. organization, Children’s Health Defense, took credit for it as well). Attorney Rosenberg is clearly highly competent, though unfortunately, also very anti-vaccine, and made the best case possible for her claims.

While there is not the same extensive jurisprudence on this issue as there is on other issues, there are good grounds to reject the claims here, since, as spelled out by public health scholars Ross Silverman and Wendy Hense, the barrier to children’s access to services is parental choice not to vaccinate, not a state-created impediment that targets children with disabilities. Other claims in the lawsuit are also problematic. Continue reading “New York vaccine law does not violate IDEA – Update – no injunction”

Oliver vaccine injury case – Court denies appeal of NVICP ruling

vaccine injury case

On January 9, 2019, the Federal Circuit’s Court of Appeals decided not to rehear an appeal by Laura and Eddie Oliver of a decision of a vaccine injury case (referred to as “Oliver”) by a special master of the National Vaccine Injury Compensation Program (NVICP) who ruled that the NVICP would not award compensation to their son for his developmental delays and seizure disorder.

Circuit Judge Pauline Newman dissented to the Court of Appeals decision, joined by Judge Jimmie V. Reyna. Although Judge Newman’s dissent carries no legal authority, it can be offered as persuasive materials in other cases. It should not, however, carry much weight, because Judge Newman’s dissent mischaracterizes the Oliver vaccine injury case, mischaracterizes the relevant science, and makes numerous other errors.

This article will examine the Oliver vaccine injury case along with the scientific issues involved. Continue reading “Oliver vaccine injury case – Court denies appeal of NVICP ruling”

Japan banned Gardasil – another ridiculous anti-vaccine myth

Japan Banned Gardasil

One of the most popular zombie memes and tropes of the anti-vaccine movement is that Japan banned Gardasil, the HPV vaccine. And like most of those zombie memes and tropes, the facts are a lot different than the anti-vaccine claims. Per usual.

Although I don’t quite understand the reasoning, the anti-vaccine religion absolutely hates Gardasil, possibly more than any other vaccine. These zealots maintain that the HPV vaccines cause all kinds of harm to teens and young adults. Yet, there are literally mountains of data derived from numerous huge epidemiological studies that the Gardasil cancer-preventing vaccine is one of the safest vaccines on the market.

So if you really want to prevent cancer, one of the best ways available to you is getting the HPV vaccine. The idea is so simple, yet is clouded by the myths about HPV vaccines – one of the most popular, of course, is that Japan banned Gardasil. Let’s examine this fable with a critical and skeptical eye.

Spoiler alert – Japan did no such thing.

Continue reading “Japan banned Gardasil – another ridiculous anti-vaccine myth”

Dr. Ron Kennedy loses appeal against providing records to medical board for vaccine exemptions

Ron Kennedy

On 14 June 2019, a California Court of Appeals issued a decision (pdf) that means, in essence, that Dr. Ron Kennedy (see Note 1) has to provide the Medical Board of California with medical records of three patients for whom he wrote vaccine medical exemptions. This is part of an ongoing saga around Dr. Kennedy’s exemption writing.

Ron Kennedy is a licensed MD who owns a clinic called the Anti-Aging Clinic in Santa Rosa, CA,  which offers, apparently, anti-aging treatments. The Yelp reviews for the clinic suggest he has a long history of filling medical marijuana prescriptions. 

I am going to review Dr. Ron Kennedy’s background and the case in this article. Continue reading “Dr. Ron Kennedy loses appeal against providing records to medical board for vaccine exemptions”

Dr Bob Sears license on probation for invalid vaccine exemptions – again

Dr Bob Sears

On 27 June 2018, Dr Robert (Bob) Sears, an anti-vaccine pediatrician, agreed to a stipulation with the California Medical Board that put his license to practice on probation and subjected him to a set of non-trivial conditions.

The revocation of the medical license of Dr Bob Sears was stayed by the Medical Board – it will not become operative unless he violates the conditions – but given the specific allegations in the complaint and the fact that this was his first disciplinary action, an immediate full revocation was not likely. The sanction is non-trivial, and a clear warning against future misconduct.  Continue reading “Dr Bob Sears license on probation for invalid vaccine exemptions – again”

Dorit Rubinstein Reiss – an index of her vaccine articles on this website

Dorit Rubinstein Reiss

Dorit Rubinstein Reiss – Professor of Law at the University of California Hastings College of the Law (San Francisco, CA) – is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines (generally, but sometimes moving to other areas of medicine), social policy and the law. Her articles usually unwind the complexities of legal issues with vaccinations and legal policies, such as mandatory vaccination and exemptions, with facts and citations.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination–she really is a well-published expert in this area of vaccine policy, and doesn’t stand on the pulpit with a veneer of Argument from Authority, but is actually an authority. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

She was also one of the many contributors to the book, “Pseudoscience – The Conspiracy Against Science.”

Many bloggers and commenters on vaccine issues will link to one or more of her articles here as a primary source to counter an anti-vaccine claim. The purpose of this post is to give you a quick reference to find the right article to answer a question you might have.

Below is a list of articles that Dorit Rubinstein Reiss has written for this blog, organized into some arbitrary and somewhat broad categories for easy reference. This article will be updated as new articles from Professor Reiss are published here. We also may update and add categories as necessary.


Continue reading “Dorit Rubinstein Reiss – an index of her vaccine articles on this website”